consultancy on compliance with transparency and anti-corruption matters
The law of 6 November 2012, n. 190 containing “Provisions for the prevention and repression of corruption and illegality in the public administration” (so-called Anti-corruption Law) introduced a series of measures aimed at countering the occurrence of corruption phenomena in Public Administrations, both central and local, in and in publicly controlled companies.
This law is linked with Legislative Decree 33/2013 on advertising and transparency, with Legislative Decree 39/2013 on the subject of non-transferability and incompatibility of offices and with the D.P.R. 62/2013 concerning the code of conduct for civil servants.
The crucial fulfillment and coordination of these regulatory provisions is the Three-Year Plan for the Prevention of Corruption and Transparency, a document of a “planning” nature with which each administration or body identifies its degree of exposure to the risk of corruption and indicates the organizational interventions (i.e. measures) aimed at preventing the risk.
In this regard, it is up to the administrations to evaluate and manage the corruption risk, according to a methodology that includes the analysis of the context (internal and external), risk assessment (risk identification, analysis and weighting) and risk treatment (identification and planning of preventive measures).
In the absence of an adequate preparatory analysis, the activity of identification and planning of the prevention measures in the PTPCT can, in fact, prove to be inadequate, exposing the P.A. to sanctions and disputes.
The service has as its object the following operational phases:
Support for verifying the content to publish on the site as required by the Transparency Detection Grid, e.g. general deeds, internal organization of the entity, Consultants and collaborators, internal staff, calls for tenders, performance of the entity, entities that may be controlled, etc.);
Legal advice on the regulatory requirements of Law 190/2012 and of Legislative Decree 33/2013
Support in drafting the Three-year corruption prevention plan (a “planning” document with which each administration or body identifies its degree of exposure to the risk of corruption and indicates the organizational measures aimed at preventing the risk) and relative annual review;
Preparation of the annual report of the Head of transparency and corruption prevention, a special form that helps monitor the effectiveness of the prevention measures defined in the three-year plans for the prevention of corruption and transparency;
The service includes:
a preliminary website verification phase – transparency section, in accordance with the Transparency Survey Grid
a meeting aimed at gathering information and conducting interviews with the departments responsible for the process
back-office document processing
The service does not provide for the updating and publication of the contents on the institutional website, which will be carried out by the Organization.